UK Government grants more time to submit DUINs and advises on a temporary reactivation of grandfathering window under UK REACH

UK Government grants more time to submit DUINs and advises on a temporary reactivation of grandfathering window  under UK REACH
02 November 2021

The National Chemical Emergency Centre (NCEC) has been advised that the UK Government has extended the deadline for submitting downstream user import notifications (DUINs) and will, in the near future, temporarily reactivate the window to grandfather registrations under UK REACH. 

This means that for those looking to continue trading in Great Britain (GB), there is still time to submit DUINs and grandfather registrations under UK REACH.

Who can submit a DUIN?

The UK Government has advised that downstream users (who are now regarded as importers under UK REACH) are still able to submit a DUIN to the Health and Safety Executive (HSE) to enable them to continue importing substances into GB in quantities of more than than 1 tonne per annum. This notification effectively defers the submission of the full registration by up to 6 years. Those who wish to submit a DUIN are being advised by the UK Government to do this as soon as possible.

A non-GB supplier can appoint a GB based Only Representative (OR), such as NCEC, to submit the DUIN to cover the imports of its customers importing the substances into GB. Submitting a DUIN this way means that the non-GB supplier is not reliant on the GB-based customers to allow access to the GB market.

GB-based customers, who have eligible imports, are able to continue importing into GB by following a simple process for submitting DUINs directly to the HSE using the portal. To do this, you will need to create an account in the UK REACH IT system ('Comply with UK REACH'), indicate that you are an existing downstream user, and then provide the information on the substances being imported via a spreadsheet. Our REACH expert, Laura Clement, has created a free video that explains the process. You can watch the video here.

Relying on the importer to complete the DUIN means there is a risk that suppliers may not be able to access the GB market should their importing customers not compete the DUIN correctly or decide to switch suppliers.

Who can grandfather registrations?

All GB legal entities that previously held EU REACH registrations at any point between 29 March 2017 and 31 December 2020 have ‘grandfather’ rights. We have been advised that the HSE will be temporarily reopening the window to grandfather EU REACH registrations into UK REACH. The functionality in the Comply with UK REACH’ service will be reactivated for a short time between 08:00 GMT on 1 December 2021 and 23:59 GMT on 2 December 2021. We advise you to contact the HSE at [email protected] urgently to ensure you can make use of this window.

Please note  – in October 2021, the Department for Environment, Food & Rural Affairs (Defra) published a list of substances for which information was submitted to the HSE as part of the grandfathering process. You can view the list of substances here. Irrespective of this list, for those importing substances in quantities of more than 1 tonne per annum into GB, the obligation to register substances remains.

Only registrants that have grandfathered their substance or those who have carried out an Article 26 Inquiry are able to become members of the substance group to facilitate data sharing. Details of the registrants who are members of each substance group are visible to other members of the same substance group.

If you have any queries regarding the DUIN or grandfather status of your substances, you should speak to your supplier.

How NCEC can help

NCEC is a UK-based organisation and is part of Ricardo, a multinational company. NCEC is well placed to support organisations manage UK REACH and EU REACH because: 

  • We have legal entities already in place across Europe (and the world) and are ready to act from an EU REACH perspective from our entity in the Netherlands. We also have significant experience of all aspects of REACH, including working through authorisation requirements and dossier reviews.

  • We can act as a UK organisation or on behalf of EU/EEA organisations importing into the UK, including first-time UK REACH registrants. 

  • We have significant experience in all aspects of EU REACH, including working through authorisation requirements and dossier reviews.

We can support organisations to be compliant with UK REACH and EU REACH by: 

  • Grandfathering EU REACH registrations to UK REACH.

  • Completing notifications.

  • Creating dossiers for full registrations.

  • Acting as an ‘Only Representative’:
    - EU REACH or through our entity in the Netherlands.
    UK REACH or through our UK entity.

  • Providing ongoing help and support throughout the process.    

Our REACH experts, Chris Hughes and Caroline Raine, are members of working groups in the European Chemicals Agency (ECHA); HSE; Department for Business, Energy & Industrial Strategy (BEIS); and Defra. This means they will be able to keep our customers up to date with any new changes to legislation, policy and, most importantly, ensure they remain compliant.

We can help you navigate the complexities of UK REACH and significantly reduce the costs of compliance. Please contact us if you have any concerns regarding the management of your REACH compliance in the UK or the EU.